End-of-Life Decisions in Albania: The Call for an Ethical Revision

Liverpool Law Review - While in Western European countries, the end-of-life decisions have become a matter of public policy, this paper provides a detailed analysis of end-of-life decisions in...     

Extensions of the Simpson voting rule to the committee selection setting

Public Choice - Committee selection rules are procedures selecting sets of candidates (committees) of a given size on the basis of the preferences of the voters. Two natural extensions of the...     

Environmental Insurance and Financial Institutions

Abstract

Environmental insurance transfers to an Insurer all or part of a financial institutions loss resulting from legal liability for pollution conditions, or loss resulting from a borrower loan default and the discovery of a pollution condition on property that serves as collateral for a loan. Today, several major environmental insurers offer diverse, broad and flexible insurance policy terms and conditions. The placement of environmental insurance can add positive value to the financial institution’s balance sheet by providing more protection to the financial institution than the traditional environmental due diligence methods and loan underwriting process affords.     

PRICE SQUEEZE: LESSONS FROM THE TELECOM ITALIA CASE

This paper analyzes a price squeeze case in the provision oftelecommunication services to the Italian Public Administration,in which Telecom Italia, the incumbent company, was condemnedfor bidding below costs. We develop the analysis of the casehighlighting the possible anticompetitive story and the alternativecompetitive explanation. We then construct a quantitative imputationtest to verify the alleged anticompetitive behavior. The methodologicalissues and the assumptions needed to implement the test arediscussed in detail, showing their link to a precise test ofthe anticompetitive story. We discuss the reasons why the AntitrustAuthority and our views diverge over the evaluation of TelecomItalia bidding. The role of judicial review in cases with complexeconomic arguments is discussed.     

诉讼权利的滥用:程序正义的比较标准

一、APR概述综观各种法律制度,给人总体感觉是:滥用诉讼权利(the Abuse of Procedural Right,缩写为APR)的问题随处可见。但各国并未真正意识到司法中的权利滥用现象,对于APR问题的意义和重要性的认识也未达成统一,那种相信在任何地方都存在能够预防和制裁诉讼权利滥用现象的有效可行的救济方式是没有根据的。有人也许会说,没有一个法律制度完全不关注APR问题,但这只是问题的开始,而不是问题的结束,因为,诉讼权利滥用的形式是多种多样的。实际上,各国的情况大不相同:有些国家,例如法国,明确规定了APR的一般规则并授予法院处罚权〔1…     

Environmental Insurance: A Risk Management Tool for Real Estate

Traditional risk management tools including contract allocation and reliance upon statutory defenses or government releases can be incomplete, contentious, and costly solutions to address risks associated with environmental liability and cleanup obligations in real estate transfer and property ownership. Such traditional methods leave environmental risk for the interested parties in the real estate transaction to bear over time and bring added new risks to the parties. Environmental insurance transfers all or part of the risk to a third-party insurance company (insurer) that is not a participating party in the transaction, thereby taking insurable environmental risk out of the transaction. Further, environmental insurance can add positive value to the transaction by bringing necessary risk identification and validation, and loss minimization and claims handling expertise to the transaction by virtue of the underwriting and claims management process, and add the financial strength and expertise of a qualified insurer. Insurance is often perceived by lenders, investors, developers, contractors, tenants, and future purchasers as a positive assurance against environmental risk associated with the property, allowing business relationships and financing to proceed more smoothly. In this way, environmental insurance serves as a more comprehensive and complete risk management tool for the real estate transaction and property ownership.